EASYPAY MOBILE APPLICATION PRIVACY POLICY - 30 JULY 2018

This privacy policy ("Privacy Policy") supplements and forms part of the Agreement entered into between you and EasyPay via the App.

Any capitalised terms used but not defined in this Privacy Policy will have the same meaning as in the Agreement.

1 Protection of Personal Information Act, 2013

1.1 You acknowledge that by accessing and using the App, you will be providing EasyPay with personal information, which may be protected by data protection legislation, including without limitation, the Protection of Personal Information Act, 2013 ("POPI").

1.2 You authorise us to process all such personal information and to transmit any such personal information to any Affiliate (which Affiliate may also process such personal information) for the purposes of performing our obligations to you under this Agreement and in the furtherance of our legitimate interests as further set out in this Privacy Policy.

1.3 EasyPay respects your privacy and is committed to taking reasonable measures to protect it, as more fully detailed below.

1.4 Should you decide to use or continue to use the App, we will require you to voluntarily provide us with personal information, including without limitation -

1.4.1 your full names;

1.4.2 your email address; and

1.4.3 your mobile phone number.

1.5 You will be required to complete the EasyPay User Account verification process where we must verify your email address and/or mobile phone number provided by you through our sms notification system or other appropriate means.

1.6 All information including personal information which you provide on the App must be true, accurate and complete.

1.7 You must not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your identity or affiliation with anyone or anything.

1.8 Subject to clause 1.9 below, we will not, without your express consent -

1.8.1 use your personal information for any purpose other than:

1.8.1.1 to verify your EasyPay User Account and process your Transactions;

1.8.1.2 in relation to your use of the EasyPay Services, the App and your EasyPay User Account;

1.8.1.3 to contact you regarding current or new promotional products or rewards programmes or any other goods offered by us or any of our divisions and/or Affiliates (unless you have opted out of receiving marketing material from EasyPay in terms of clause 1.8.2 below);

1.8.1.4 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out of receiving marketing material from EasyPay in terms of clause 1.8.2 below);

1.8.1.5 to monitor and analyse the conduct on your EasyPay User Account to identify any fraud or risk and compliance issues and to monitor whether you are complying with the terms of our Agreement and this Privacy Policy;

1.8.1.6 to improve our product selection and your experience of our App by, for example, monitoring your browsing habits; and

1.8.1.7 to develop new EasyPay products and services and identify potential new markets and market trends.

1.8.2 Should you, at any time wish to opt-out of receiving marketing material from EasyPay or any of our divisions and/or Affiliates, you will be required to notify us [via the App or by contacting our customer services division as detailed in the Agreement] and your details will be removed from our marketing database.

1.8.3 disclose your personal information to any Third Party other than as set out below -

1.8.3.1 to our employees and/or third party service providers who assist us to interact with you via our App, email or any other method, in relation to your EasyPay User Account, and thus who need to know your personal information in order to assist us to communicate with you properly and efficiently;

1.8.3.2 to payment gateways in order for them to process Card Transactions and assist with payment transaction processing.

1.8.3.3 to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from EasyPay in terms of clause 1.8.2 above);

1.8.3.4 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of our Agreement with you; and

1.8.3.5 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.)

1.9 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent activity, EasyPay is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

1.10 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

1.11 Some of the persons to whom we may disclose your personal information to in terms of this Privacy Policy may be located in a country outside of South Africa and may be subject to less stringent data privacy laws than South Africa.

1.12 We will -

1.12.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;

1.12.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

1.12.3 provide you with access to your personal information to view and/or update personal details;

1.12.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

1.12.5 provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and

1.12.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

1.13 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. However, in accordance with EasyPay's internal policies, all information relating to completed Transactions will be retained for atleast 7 (seven) years.

1.14 EasyPay undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy.

1.15 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by Third Parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

1.16 If you disclose your personal information to a Third Party, such as an entity which provides or operates Third Party Content, a website linked to the App or anyone other than EasyPay, EasyPay shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the Third Party . This is because we do not regulate or control how that Third Party uses your personal information. You should always ensure that you read the privacy policy of any Third Party.

1.17 In particular, when you click on the Payment Gateway or other Third Party link or in the "popup" of the Payment Gateway or other third party, you leave the services controlled by EasyPay. Any personal information which you may submit to the payment gateway or another third party will not be collected or controlled by us, but instead will be collected and controlled by the Payment Gateway or the other Third Party and therefore will be subject to the privacy laws and privacy terms imposed by the Payment Gateway or such other Third Party. You acknowledge that it is your sole responsibility to read the privacy policies of the Payment Gateway and/or any Third Party before submitting any personal information or other data to the Payment Gateway and/or such Third Party.

1.18 You indemnify us to the maximum extent permitted by law against any losses, including without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether EasyPay was advised of the possibility of such loss or damage arising out of any personal information or other data which is directly or indirectly lost or unlawfully collected, processed or used by Masterpass, and/or any Third Party.

1.19 You consent to the processing of your personal information by EasyPay in accordance with the above.

1.20 For purposes of this Privacy Policy -

1.20.1 "personal information" means the personal information which you provide via the App which falls within the definition of "personal information" in POPI. This information may include, without limitation:

1.20.1.1 your information relating to your Transactions;

1.20.1.2 a record of the correspondence when you contact us;

1.20.1.3 information about your Device software and hardware, including the unique internet mobile equipment identity (IMEI) number of your mobile telephone;

1.20.1.4 the unique integrated circuit card identity (ICCID) number of your SIM card in your Device;

1.20.1.5 your internet protocol (IP) address;

1.20.1.6 language of your Device and its manufacturer, screen size and model of the Device and any other technical information; and

1.20.1.7 the date and time, country and the IP address of the Device from which your Device connected to our back-end server.